230 Election petitions to High Court

An election petition to which section 229(3) applies may be presented to the High Court by 1 or more of the following persons:

(a)

a person who voted or had a right to vote at the election:

(b)

a person claiming to have had a right to be elected or returned at the election:

(c)

a person alleging himself or herself to have been a constituency candidate at the election.

(2)

The member whose election or return is complained of shall be the respondent to the petition, and, if the petition complains of the conduct of the Electoral Commission, the Electoral Commission must also be a respondent.

(3)

The petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1.

(4)

The petition shall be presented by filing it in the registry of the High Court nearest to the place where the election was held. The Registrar of the court shall forthwith send a copy of the petition to the Electoral Commission.

(5)

The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court.

Compare: 1956 No 107 s 156; 1980 No 29 s 5(8)

Section 230(2): amended, on 21 March 2017, by section 107(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 230(4): amended, on 21 March 2017, by section 107(2) of the Electoral Amendment Act 2017 (2017 No 9).